We live in an area where a babysitter is extremely hard to find. And so are jobs that have flexible hours. So we finally found one that can watch the kids, since we both work night shifts. Now this babysitter has been telling us she can't watch the kids as early as an hour before we have to go to work, at least once a week, and the other day she told us, "oh yeah my daughter had lice about two weeks ago so your kids might have it too."
If it comes down to it we might pursue pressing charges for lost wages. My argument is that she had a verbal agreement with us to watch the kids five days a week, and cancelling at such unreasonably short notice caused us to lose wages we could have worked, and because we're seen as "not as dependable" as other employees due to this, our reputations at work are damaged as well. Do we have a case?
If not, is there another course of action I could pursue? We're currently trying very hard to find another evening babysitter with no luck.
2007-12-17 04:50:04 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
and to clarify, I'm talking about small claims court, so it wouldn't cost a crazy amount. Maybe we'll take her to judge judy.
2007-12-17 04:58:08 · update #1
only if you have a written contract or is she admits you had an agreement. you need to speak to a lawyer and in the meantime you need to find a babysitter. advertise and request references and experience only. or you can think about sending your kids to daycare. another option is one of you staying home with the kids. you don't have to both work unless your having money issues. good luck:)
2007-12-17 04:59:06 · answer #1 · answered by meira198 2 · 0⤊ 0⤋
I am thinking that regardless of whether or not you sue her, you aren't going to want her to watch your kid(s) anyways.
Start talking to your coworkers and ask what they do with their kids at night, maybe you can get some contacts that are worth it.
Can one of you switch to a day shift? Then you won't need to worry about getting a good sitter and you will still save money (assuming that there will be a pay cut in switching) not having to pay the lady to watch your kids.
With the head lice though, chances are her kid had lice before she knew about it and knows that it is spread easily.
With this sitter or the next one -- get a written contract when you hire them. No more verbal....
2007-12-17 12:57:41 · answer #2 · answered by Jo 6 · 0⤊ 0⤋
You are wasting your time.
You employ the baby sitter at will, meaning she can quit any time for any reason, and you do it in a tight labor market.
That gives her negotiating leverage.
Hint: Suing someone in the labor supply in a tight market is not a good way to find a replacement.
The usual way to hire someone in a tight market is to offer better wages or benefits. Flexibility is a benefit that doesn't strictly cost cash. A well stocked fridge or access to videos from netflix are other ways you might differentiate your kids form others cheaply. Be creative.
2007-12-17 13:03:41 · answer #3 · answered by Barry C 6 · 1⤊ 0⤋
Find another babysitter. Or try to find an all-night children center. Or one of you has to change shifts. Head Lice goes with the territory. Most public elementary schools have an outbreak of head lice at least once a year. You're lucky she told you about it.
2007-12-17 12:58:53 · answer #4 · answered by kathy s 6 · 1⤊ 0⤋
So you want to sue one of the only baby sitters in your area? Usually employment contracts are contracts at will, meaning either side can terminate their employment status at will. If it was in writing, maybe you would have a case but even if you did, why would you want to have bad relations for a babysitter, if they're hard to find.
2007-12-17 12:59:11 · answer #5 · answered by Eisbär 7 · 1⤊ 0⤋
There is nothing you can do. Just find another baby sitter. If she was unable to continue her normal hours she let you know...it is not HER fault that you weren't able to find another sitter. I'm surprised you want to sue her that seems really ungrateful to me. Most babysitters don't want to watch kids during the night shift and you were lucky to find someone who was willing to do it for you.
2007-12-17 13:21:17 · answer #6 · answered by lahockeyg 5 · 1⤊ 0⤋
Get a different baby sitter. Get references next time. It will cost you a ton of money to sue the baby sitter, even if you win you may not get a dime out of her, and you will be as famous as the guy who sued the cleaners for millions of dollars for a lost pair of pants (however, not famous in a good way).
2007-12-17 12:54:02 · answer #7 · answered by A.Mercer 7 · 2⤊ 0⤋
If you'd had a written contract, maybe.
** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-17 12:53:54 · answer #8 · answered by scottclear 6 · 0⤊ 1⤋
why ??
its Ur fault for not lookin into her first
hmmm try being a responsible parent and protect your kids instead of droppin them off wherever..
u said it Ur self its a bad area....
plus if u dont have it in writing both of u signed u dont have a case....
2007-12-17 13:13:28 · answer #9 · answered by *eLiZaBeTh* 3 · 1⤊ 0⤋